New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 32

32 Substantial risk breaches

(cf model provisions, s 69)

(1) Mass requirement A breach of a mass requirement is a substantial risk breach if the subject-matter of the breach:

(a) is equal to or greater than the lower limit for a substantial risk breach of the requirement, and

(b) is less than the lower limit for a severe risk breach of the requirement.

(2) Dimension requirement A breach of a dimension requirement is a substantial risk breach if the subject-matter of the breach:

(a) is equal to or greater than the lower limit for a substantial risk breach of the requirement, and

(b) is less than the lower limit for a severe risk breach of the requirement.

(3) Load restraint requirement A breach of a load restraint requirement is a substantial risk breach if:

(a) the loss or shifting of the load concerned:

(i) has already occurred or is imminent, and

(ii) is assessed by the officer or court concerned not to involve an appreciable risk of harm to public safety, the environment or road infrastructure, or

(b) the loss or shifting of the load concerned:

(i) has not occurred and is not imminent, and

(ii) is assessed by the officer or court concerned to involve an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.